includes whether the complainant has been tortured in the past, and if so, whether this was in the
recent past. The incidents referred to took place nine years ago, a lapse of time which cannot be
described as recent.
6.5
The Committee must also consider whether the complainant has engaged in any political
or other activity within or outside his own country which would make him particularly
vulnerable to any risk of torture upon return to Turkey. In relation to his activities inside Turkey,
the complainant’s political activities included collecting money and food for displaced Kurdish
villagers. Although he claims to have been detained on two occasions, the complainant does not
establish that he was in fact, or was regarded by the Turkish authorities as, a significant Kurdish
opposition figure. Nor does he allege to have had any special role within the relevant
organizations. As to his activities abroad, the complainant has listed instances of participation in
political activities and meetings. Some of these are referred to in very general terms, although
particular reference is made to the complainant’s participation in the occupation of the Greek
ambassador’s residence in The Hague in 1999. However, it has not been established that the
Turkish authorities are aware of the complainant’s participation in this event or any of the other
matters referred to. The Committee notes in this regard that proceedings against the author in
connection with the occupation of the residence in The Hague were discontinued for lack of
evidence. Nor has it been established that, if the Turkish authorities were indeed aware of these
actions, this would place the complainant at particular risk of torture upon his return to Turkey.
6.6
The relevant evidence regarding the complainant’s history in Turkey, together with his
activities inside and outside Turkey, has been considered by the Dutch authorities. The
Committee is not in a position to challenge their findings of fact, nor to resolve the question of
whether there were inconsistencies in the complainant’s account. Consistent with the
Committee’s case law, due weight must be accorded to findings of fact made by government
authorities.
6.7
In light of the foregoing, the Committee finds that the complainant has not established
that he would face a foreseeable, real and personal risk of being tortured in the event of his return
to Turkey, within the meaning of article 3 of the Convention.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes
that the removal of the complainant to Turkey would not constitute a breach of article 3 of the
Convention.
Notes
a
No details are provided.
b
Reference is made to a very brief medical report in Dutch (untranslated), which is again
referred to in the complainant’s comments on the State party submissions. There, a description
of the medical report is provided in English (see page 3 of that document, under the heading
“Ad 2&3”).
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